VINCENT CORACI, ET AL., APPELLANTS,
v.
HELEN M. HOGAN, INDIVIDUALLY, APPELLEE
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UPCHURCH, Chief Judge.
We reverse the final summary judgment of the Circuit Court for Orange County, probate division, imposing a constructive trust in favor of appellee over a mineral interest in property located in Volusia County. We find that the lower court lacked subject matter jurisdiction because: (1) the mineral interest, unlike the surface estate, was not owned by the decedent and thus was not an asset of the decedent’s estate but rather was a separate and distinct property interest which was not in a legal sense a cloud on appellee’s title to the surface estate as contended by appellee, see section 733.608, Florida Statutes (1985); Trustees of Tufts College v. Triple R. Ranch, Inc., 275 So. 2d 521 (Fla.1973), and (2) the appellee’s action, which in reality was an action to quiet title to an interest in land, is subject to the local action rule and was required to be brought in Volusia County. See Publix Super Markets v. Cheesbro Roofing, 502 So. 2d 484 (Fla. 5th DCA 1987). No petition for rehearing shall be entertained.
REVERSED.
COBB and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Loy Autry v. Autry, 622 So. 2d 565 (Fla. 4th DCA 1993)…nvolving both the legal and equitable title to real estate located in Florida so as to entitle her to maintain the action in Florida despite the fact that it would be more convenient to the parties to litigate in another state. See Corachi v. Hogan, 515 So. 2d 1064 (Fla. 5th DCA 1987), rev. denied, 525 So. 2d 878 (Fla.1988); Alternative Dev., Inc. v. St. Lucie Club and Apartment Homes Condominium Ass’n, Inc., 608 So. 2d 822 (Fla. 4th DCA 1992); State, Dep’t of Natural Resources v. Antioch Univ., 533 So. 2d 869…
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Noblin v. Harbor Hills Dev., L.P., 896 So. 2d 781 (Fla. 5th DCA 2005)…summarized rule is Parker v. Texas Co., 326 S.W. 2d 579 (Tex.Civ.App.1959). For the citations to many cases upholding this rule see 58 C.J.S. Mines and Minerals § 159, pages 332 and 333. P & N Investment, 220 So. 2d at 453; see also Corad v. Hogan, 515 So. 2d 1064 (Fla. 5th DCA 1987), review denied, 525 So. 2d 878 (Fla.1988); Hill v. Bridgers, 397 So. 2d 1212, 1214 (Fla. 2d DCA 1981) (“[A]n owner of an interest in minerals is entitled to enter the land and explore for minerals without liability to the surface…
Authorities Cited
- Dade Cnty. Pub. Safety Dep't & CNA Ins. Cos. v. Adams, 502 So. 2d 484 (Fla. 1st DCA 1987)
- Trs. OF Tufts Coll. v. Triple R. Ranch, Inc., 275 So. 2d 521 (Fla. 1973)